Q: I asked question earlier about who will claim child on taxes. If we have 50-50 custody, does both parents make decisions on child? If child stays with one parent 4 nights and other parent 3 nights, but child overall spends more hours with one particular parent, lets say the one with whom he/she is with for 3 nights, is that parent considered primary caregiver in his case, or is the parent with whom the child spends more number of nights in a year considered primary caregiver and considered having more than 50/50 custody?
A: It's not a matter of days or nights - it's a matter of non-school hours. Ultimately, this would need to be reduced to a court order making it clear who has primary residential custody. As for the deduction, this ultimately needs to be hashed out in child support court, but it seems fair to alternate the deduction if you share custody (or even something close to it). -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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